6 Workplace Traps Exposed

Obviously, the monthly salary of 10 thousand yuan per unit occurred. Labor dispute After that, the unit claimed that it had only paid 4000 yuan in wages. What's the trick? This morning, the judge of the Municipal Intermediate Court introduced 6 kinds of covert labor illegal activities, including the way of paying two lines. None of these 6 ways seriously infringe upon the legitimate rights and interests of labourers.

　 Paying taxes and avoiding taxes and leaving behind

After a labor dispute has occurred in a unit with a unit, it submits a salary distribution list and recording to the tribunal to prove that its monthly salary standard is 10 thousand yuan. However, the unit pointed out that according to the salary detailed list, the monthly salary of Hua Mou was only 4000 yuan. The court found that Hua Mou received 6000 yuan from the outsider Zhang and Feng at the same time. His actual monthly salary was 10 thousand yuan.

The judge said: at present, the prevailing situation is that the unit sets the wage structure as basic wage + post wage + performance salary. When calculating overtime pay and paying social insurance, it only pays according to the basic wage, and substantially reduces the overtime pay and social insurance that should be paid. What is more serious is that some units pay their salaries to their relatives or other multi bank card accounts for the purpose of tax avoidance. When a labor dispute occurs, it is difficult for employees to prove the actual amount of their wages. Therefore, they are at the disadvantage of proof in the calculation of economic compensation, double wage calculation, overtime pay and all kinds of social insurance payment base, and face greater economic losses.

Without liquidation, the business was closed.

There are also some small businesses who, after having labor disputes with their employees, apply to the industrial and commercial department for cancellation. When the employee applies for the enforcement of the court, it is discovered that the enterprise has been cancelled, and the case can not be implemented.

The judge said: this behavior is taken into consideration. Laborers' legal rights The protection will not simply decide to dismiss the employee's claim on the grounds of the cancellation of the enterprise, but according to the actual situation, the responsible department, the start-up unit and the liquidation team shall be the parties concerned to find the actual undertaker of the liability. At the same time, the judge suggested that the industrial and commercial departments should carefully examine the proof of the end of the wage settlement submitted by the enterprise's cancellation of registration so as to effectively avoid the situation where laborers pay no salary.
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　 Two subsidiaries take turns to sign contracts.

A real estate group has set up two ski clubs and outdoor company. Liu has entered the ski club in 2006, and has signed a labor contract with the ski club and outdoor company for several years. After the labor dispute, the ski club only admitted that Liu had the last 1 years of labor contract, while Liu pointed out that the ski club and outdoor company were a unit, only two brands, and the labor compensation should be calculated from the entry in 2006. After hearing the first instance, the Court confirmed that there has been a continuous labor relationship between Liu and ski clubs.

The judge said: at present, some enterprises use "a set of people, two brands" to circumvent the legal provisions, let subordinate companies turn to work contracts with laborers, and several companies borrow workers from each other. On the surface, employees are guaranteed by labor contracts every year. In fact, many employees' rights are seriously infringed. First, the conditions for signing an unfixed term labor contract are destroyed, and employees can not prove that they have worked continuously in the same unit for 10 years or two consecutive times for concluding labor contracts. Two, the calculation period of the economic compensation after the termination of the contract has been shortened artificially, and the way of signing the contract in turn leads to the calculation period of the economic compensation only according to the duration of the last labor contract.

　　 There is no compensation for competition.

Competition Prohibition clause In the past few years, since the adoption of high-tech companies, it has become more and more popular in recent years. With the adoption of more clauses, some enterprises will expand the scope of the scope of competition, and apply the system to all employees. Other enterprises only agree on breach of contract for breach of competition, and do not mention any compensation that enterprises should pay.

The judge said: this behavior restricts the general employees' freedom of choosing jobs, and can not work in units with their own professional advantages. Even employees who are under the obligation of confidentiality will not be able to claim compensation from the original unit after they have complied with the prohibition clause.

　 In name, contract is actually an employee.

The third way of breaking the law is to replace employment with a contract. For example, Li and the company signed the "contract", agreed to Lee part of the contract part of the machine parts processing work, the company paid monthly contract to Lee, the contract also agreed that Lee must obey the company's work schedule, accept the company's safety training arrangements, according to the time, quality, quantity guarantee to complete the company's production tasks.

The judge said: through contract, to avoid directly forming labor relations with workers has become the customary way of some employers. After labor disputes, the contract becomes a shield for enterprises to refuse to undertake their obligations. Such behavior is very concealed and dangerous. If it is calculated according to the contract, the main obligation of the unit is to pay the contract cost without any obligation to the employee.

　　 Social security allowance and social security responsibility

There is also a kind of covert labor illegal act, which is to circumvent the law by setting up the so-called "employee's own social insurance" and "medical expenses incurred by the employees themselves" in the labor contract. Some enterprises, in order to evade payment or pay less, force employees to sign their own consent to pay social insurance, and add a "social security subsidy" to the wage structure. Once a dispute arises, it is claimed that the unit has paid the laborers monthly payment of their own social security, and no compensation should be made for the loss.

The judge said: this justification is reasonable. In fact, subsidies can not make up for the loss of employees. The employees themselves pay social security, that is, they are treated by freelancers, and the social insurance benefits they will enjoy in the future will be low. The practice of units will virtually reduce their financial burden, but it will damage the rights and interests of employees. At the same time, the judge reminded laborers not to covet the immediate interests and accept the social insurance allowances paid by the units in the form of cash, so that the pension benefits they will enjoy in the future will be reduced.